31968R1133

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( 1 ) OJ N 35 , 10 . 5 . 1962 , P . 118/62 .

( 2 ) OJ N 13 , 21 . 2 . 1962 , P . 204/62 .

REGULATION ( EEC ) N 1133/68 OF THE COMMISSION

OF 26 JULY 1968

AMENDING COMMISSION REGULATION N 27 OF 3 MAY 1962 ( 1 )

THE COMMISSION OF THE EUROPEAN COMMUNITIES ,

HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 85 THEREOF ;

HAVING REGARD TO COUNCIL REGULATION N 17 ( 2 ) OF 6 FEBRUARY 1962 , AND IN PARTICULAR ARTICLE 24 THEREOF ;

WHEREAS UNDER ARTICLE 24 OF REGULATION N 17 THE COMMISSION HAS POWER TO ADOPT IMPLEMENTING PROVISIONS CONCERNING THE FORM , CONTENT AND OTHER DETAILS OF APPLICATIONS PURSUANT TO ARTICLES 2 AND 3 AND OF NOTIFICATIONS PURSUANT TO ARTICLES 4 AND 5 ;

WHEREAS REGULATION N 27 ADOPTED BY THE COMMISSION PURSUANT TO ARTICLE 24 OF REGULATION N 17 LAYS DOWN , IN PARTICULAR , IN ARTICLE 4 ( 1 ) AND ( 2 ) THEREOF THAT FORM A MUST BE USED FOR APPLICATIONS FOR NEGATIVE CLEARANCE UNDER ARTICLE 2 OF REGULATION N 17 AND FORM B FOR NOTIFICATIONS UNDER ARTICLES 4 OR 5 OF REGULATION N 17 , WITH A VIEW TO EXEMPTION PURSUANT TO ARTICLE 85 ( 3 ) OF THE TREATY ;

WHEREAS IT IS ADVISABLE , IN VIEW OF THE GENERAL PREFERENCE OF UNDERTAKINGS TO HAVE THE TWO ALTERNATIVES OPEN TO THEM , TO PROVIDE FOR THE USE OF A SINGLE FORM FOR APPLICATIONS FOR NEGATIVE CLEARANCE AND FOR NOTIFICATION IN ORDER TO SIMPLIFY THE PROCEDURE FOR ALL PARTIES TO AN AGREEMENT AND FOR THE COMPETENT DEPARTMENTS ;

WHEREAS NEGATIVE CLEARANCE AND EXEMPTION PURSUANT TO ARTICLE 85 ( 3 ) OF THE TREATY HAVE DIFFERENT CONSEQUENCES AND WHEREAS THE SINGLE FORM MUST LEAVE IT OPEN TO UNDERTAKINGS TO APPLY EITHER FOR NEGATIVE CLEARANCE OR FOR A DECLARATION OF NON-APPLICABILITY ;

HAS ADOPTED THIS REGULATION :

SOLE ARTICLE

ARTICLE 4 OF REGULATION 27 SHALL BE AMENDED TO READ AS FOLLOWS :

" CONTENT OF APPLICATIONS AND NOTIFICATIONS

1 . APPLICATIONS UNDER ARTICLE 2 OF REGULATION N 17 RELATING TO THE APPLICABILITY OF ARTICLE 85 ( 1 ) OF THE TREATY AND NOTIFICATIONS UNDER ARTICLE 4 OR ARTICLE 5 ( 2 ) OF REGULATION N 17 SHALL BE SUBMITTED ON FORM A / B AS SHOWN IN THE ANNEX TO THIS REGULATION .

2 . APPLICATIONS AND NOTIFICATIONS SHALL CONTAIN THE INFORMATION ASKED FOR IN FORM A / B .

3 . SEVERAL PARTICIPATING UNDERTAKINGS MAY SUBMIT AN APPLICATION OR NOTIFICATION ON A SINGLE FORM .

4 . APPLICATIONS UNDER ARTICLE 2 OF REGULATION N 17 RELATING TO THE APPLICABILITY OF ARTICLE 86 OF THE TREATY SHALL CONTAIN A FULL STATEMENT OF THE FACTS , SPECIFYING , IN PARTICULAR , THE PRACTICE CONCERNED AND THE POSITION OF THE UNDERTAKING OR UNDERTAKINGS WITHIN THE COMMON MARKET OR A SUBSTANTIAL PART THEREOF IN REGARD TO PRODUCTS OR SERVICES TO WHICH THE PRACTICE RELATES ."

THIS REGULATION SHALL BE BINDING IN ITS ENTIRETY AND DIRECTLY APPLICABLE IN ALL MEMBER STATES .

DONE AT BRUSSELS , 26 JULY 1968 .

FOR THE COMMISSION

THE PRESIDENT

JEAN REY